A legal practitioner, Kingsley Sarpong Akowuah, has clarified that couples married under Ghana’s Marriage Ordinance remain legally married—even if they have lived apart for years—unless a court formally dissolves the union.
Speaking on the Asaase Breakfast Show on Monday (13 October), Akowuah said many Ghanaians misunderstand the difference between customary and ordinance marriages, leading to legal disputes, especially after the death of one spouse.
“Under the ordinance, marriage is defined as a voluntary union for life between one man and one woman, to the exclusion of all others. It is presumed to last for life unless dissolved by a court,” he explained.
He noted that once a person marries under the ordinance, the law recognises only that marriage, making any subsequent customary or traditional marriage to another person invalid.
“If a man marries under ordinance and later cohabits or performs rites with another woman, that second relationship is not recognized by law—it’s considered concubinage,” Akowuah said. “Only the woman in the subsisting ordinance marriage is regarded as a legal spouse.”
He added that if the couple becomes estranged, intent alone is not enough to end the marriage. A dissolution certificate from a competent court is the only valid proof that the marriage has ended.
“You can’t just separate and assume it’s over. Even if one party starts divorce proceedings but doesn’t complete them, the marriage still stands in law,” he emphasised.
Akowuah warned that entering into another marriage while still bound by an ordinance union amounts to bigamy, a criminal offence under Ghanaian law.
“The law is clear—monogamous marriage under the ordinance excludes all others. Anyone who marries again without first obtaining a divorce commits bigamy,” he said.
He encouraged estranged couples to pursue proper legal processes for dissolution rather than informal separations that can complicate inheritance and property rights later.
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